Town of Mount Desert Planning Board Approved
Minutes of March 8, 2004 03/22/2004
Board Members Present Public Present
Marc Sevigny, Chairman Sam Coplon
James Clunan, Vice Chairman Eero Hedefine
Heather Jones, Secretary Jim Bright
Samuel M. Fox III Brent Walls
Joseph Tracy Phil Lichtenstein
Robert Coolidge, alt Jeff Katz
Stephen Zirnkilton, alt
Brent Hamor, CEO; Barbara Williams, Assistant; Joelle D. Nolan, Recording Secretary
I. The meeting was called to order at 6:00 p.m.
II. The draft minutes from the February 23, 2004 meeting were unanimously approved as circulated.
Chairman Sevigny, on behalf of himself and the Board, gave a resounding thank you to Bobby Williams and all Ordinance Review Committee members for their time and effort on the ordinance changes proposed at Annual Town Meeting 2004. All changes were passed with little or no comment.
III. Subdivisions
A. Nancy Ho - owner
Samuel R. Coplon, Douglas Chapman, Eero Hedefine - authorized representatives
Tax Map 8 Lot 39 Zone Residential 1 and Rural Woodland 2
Sound Drive, Northeast Harbor
Land Subdivision approximately 23.43 acres into 8 lots
Completeness Review of subdivision application, Sections 4.2.1, 4.2.2, and 4.2.3
Mr. Coplon presented the Board with plans. Some of the changes discussed at earlier meetings have been incorporated and some minor adjustments have been made to a few lot sizes. Mr. Coolidge asked for an explanation of culvert size 12 inches vs 15 inches (needs to be a waiver). Mr. Hedefine explained the request stems from existence of ledge and to control the water flow. Mr. Tracy asked about the bridge - are the specifications state controlled? Mr. Hedefine replied it is pre-manufactured with a 25 foot span and 18 feet wide; he has the standards - they are not state controlled. According to LUZO Section 3.4.13.5, it appears a Conditional Use Permit is needed for the bridge. There was a lengthy discussion about the road and the use of a hammer-head at
the end rather than a cul-de-sac; the width of the road; road standards and the fact that the road stems from a public highway and serves 3 or more lots; and landscaping along the roadside.
Board reviewed the application for completion. Comments and exceptions are noted in italics.
Section 4 Procedures for Subdivision Review
4.2.1 Information on the Applicant
1. Name of Owner
2. Name of Applicant (if other than owner)
3. If Applicant is a corporation, state whether the corporation is licensed to do business in Maine, and attach copy of Secretary of State's Registration.
4. Name of Applicant's authorized representative and authorization.
5. Name, address, and number of Registered Professional Engineer, Land Surveyor, or Planner.
6. Address to which all correspondence from the Board should be sent.
7. What interest does the Applicant have in the parcel to be subdivided (option, land purchase contract, record ownership, etc.)?
8. What interest does the applicant have in any property abutting parcel to be subdivided?
9. State whether preliminary plat plan covers entire, contiguous holdings of owner.
4.2.2 Information on Parcel to be Subdivided
1. Location of property: Map and Lot (from Town Tax Maps.) correct Lot from 31 to 39
2. Survey maps of tract to be subdivided, as well as contiguous property of the owner of the tract, certified by a Registered Land Surveyor, tied to established reference points (attach to application).
3. Current zoning district(s) of property.
4. Acreage of parcel to be subdivided.
5. An SSWD, by a licensed soil engineer identifying soil types and a map showing the location of soil test areas, unless the parcel will utilize public sewer. There shall be at least one satisfactory soil test per lot.
6. Names of property owners within 1,000 feet from the parcel to be subdivided, and on opposite side of any road from parcel to be subdivided (show on Plat).
7. Any restrictive covenants to be placed on the deeds.
8. Proposed soil erosion and sedimentation control
9. Water supply.
4.2.3 Information on Subdivision
1. Proposed name of subdivision
2. Number of lots
3. Date, north point, graphic map scale (show on Plat).
4. Proposed lot lines with approximate dimensions and suggested location where known of buildings, subsurface sewage disposal systems, and wells (show on Plat).
5. Location of temporary markers so located as to enable the Board readily to locate lots and appraise basic lots layout in the field (show on Plat)
6. Location of all parcels to be dedicated to public use, the conditions of such dedication, as well as the location of all natural features of site elements to be preserved (show on Plat).
7. A location map, consisting of a USGS Topographical Map, showing the relation of the proposed subdivision to adjacent properties and to the general surrounding area. The location map shall show all the area within 2000 feet of any property line of the proposed subdivision and shall be attached to application.
8. Location and size of existing buildings and other essential existing physical features (show on Plat).
9. Location of all wetlands, regardless of size, all water bodies and areas within the State Shoreland Zone (show on Plat).
10. Location of all drains, which shall provide adequate storm water management.
11. Location and size of any existing and proposed sewers and water mains, and culverts and drains.
12. Location, names, and widths of existing and proposed streets, highways, easements, building lines, parks, and other open spaces (shown on Plat).
13. Names of abutters (show on Plat).
14. If the subdivision, or any part of it, is in such an area the subdivider will determine the 100-year flood elevation and flood hazard boundaries within the subdivision. To be determined.
15. Other information not indicated above, as specified by the Board. Waivers: from 15 inch culvert, bridge not required to have 3 ft shoulders, roadway will be 16 feet wide with 3 foot shoulders, waive 10 foot right of way radii at intersection. Condition: driveway serving lots 7 & 8 will be a minimum of 12 feet wide.
Board agreed the application was complete and pending except as noted above and set the Public Hearing date at April 12, 2004
IV. Public Hearings - Conditional Use Permits
A. Tabled from February 23, 2003
NAME: Jack Katz
LOCATION: Otter Creek Dr, Otter Creek
TAX MAP: 33 LOT: 44 ZONE: VR1
PURPOSE: fill in excess of 50 yards on slopes greater than 4:1
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection reported by Mr. Clunan. Property is on east side of Otter Creek Drive, with a steep slope. Water flow appears to be run off from road. He could not tell if the water is a permanent flowing stream, but according to Mr. Katz, it is not. Mr. Coolidge asked about the question of property lines between Mr. Katz and Mr. Brent Walls. Mr. Walls said he is having a survey done in April.
Mr. Katz described the property as .61 acre and very steep. He said he was asked by MacQuinn's if they could dump fill on the lot. He estimated fill amount to be 1500 - 2500 cubic yards. Mr. Katz said he would not be filling near the property line between him and Mr. Walls.
Ms. Williams asked about the run off, where will it go; what is stabilizing the fill and slopes that are created; and suggested the use of a storm water management plan, including reclamation.
Board agreed it would need a storm water management plan, a reclamation plan indicating how the soil will be held in place, a before and after topographical drawing of the area, and what plantings will be used to retain the soil. Application tabled until April 26, 2004.
B. NAME: Brent Walls
LOCATION: 89 Otter Creek Dr, Otter Creek
TAX MAP: 2 LOT: 3 ZONE: VR2
PURPOSE: fill on slope greater than 4:1
SITE INSPECTION: 3:00 P. M.
It was confirmed the notice was published in the Bar Harbor Times.
No conflict of interest was reported. The regular members present are the voting members for this hearing.
Site Inspection reported by Dr. Fox. Land is a very steep fall from Otter Creek Drive; however less volume involved than abutter Mr. Katz. There is a culvert. Not as steep as on the south side (Katz). Mr. Coolidge agreed. Less extensive work is planned.
Mr. Walls explained the slope of property and said he simply wants to build up the bank (two "steps"), grass it over, and take away the steepness. He presented a drawing. Fill will be kept 100 feet from property lines and 75 feet from the gully. Mr. Tracy suggested, since the volume is much less than what Mr. Katz needs, the use of stakes to show boundaries and height of fill. Also he requested Mr. Walls to have an estimate of the amount of fill. Then have Board members do another site inspection. Chairman Sevigny said he can inspect March 15th or 16th; Mr. Tracy said he probably would be available then, too. Application tabled until March 22, 2004
V. Unfinished Business
Tabled from January 26. 2004
Mr. Coolidge asked that these items be tabled until April 26, 2004 and Board agreed.
Conditional Use Permits - Public Hearings
A. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: building height in excess of 40 feet
B. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: multi family dwelling: five apartments
C. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: restaurant
D. NAME: Kathleen Bollman, Dominick Coyne, Michael Phillips/Applicant Robert Coolidge
LOCATION: 11 Sea St, Northeast Harbor
TAX MAP: 24 LOT: 101 ZONE: Village Commercial
PURPOSE: tree removal
Subdivision Application - Public Hearing
A. SUBDIVISION NAME - 11 Sea Street Subdivision
OWNER/APPLICANT - Kathleen K. Bollman, Dominick Coyne and Michael Phillips
REPRESENTATIVE - Robert Coolidge
TAX MAP 24 LOT 101 ZONE Village Commercial
PURPOSE - Building subdivision with 5 dwelling units, 1 office, and 3 commercial units
VI. New Business
A. Ordinance changes, discussion
Subdivision Ordinance 5.14.1 Street Design and Construction needs clarification; driveway standards are needed.
Subdivision Ordinance 4.2 Formal Application Procedure: Mrs. Nolan asked, for administration purposes, if the number of required copies of the application and plan to be submitted could be changed from 8 to 10 (copies for 7 Planning Board members, CEO, Planning Assistant, recording secretary). It was the consensus of the Board that this would be an administrative change to the Ordinance not requiring Town Meeting approval, and gave Mrs. Nolan permission to make the change.
Subdivision Ordinance 4.2.2.6 Information on Parcel to be Subdivided: Mr. Coolidge noted it would be unwieldy with many applications to have all property owners within 1000 feet listed on the plat, and the Board has not required such listing in the past. Board referred this to the Ordinance Review Committee (ORC).
Subdivision Ordinance 4.2.3.13 Information on Subdivision: Mrs. Nolan asked that along with names of abutters, the Tax Map and Lot numbers be added. Board referred this to the Ordinance Review Committee (ORC).
Subdivision Ordinance 3.3 Definition of Developable Land: take out last sentence? Or entire paragraph?
Triggers for fill requests needed: such as amount of fill and size of slope.
LUZO 3.4.6 Excavation or filling: change last sentence CEO being able to renew permit
B. Electronically recording minutes using a tape recorder
It was suggested that the meetings be recorded to assist the recording secretary with details of the minutes. The recording secretary for the Board of Selectmen currently uses a tape recorder as a back-up. CEO noted that Town Manager MacDonald recently distributed information from a Maine law firm regarding tape recordings of municipal proceedings. The memo cautioned against using tape recordings as its only means of making a record of proceedings. Board and Mrs. Nolan agreed that if a tape recorder is used it would only be for back up assistance. The minutes would continue to be in "written" form. CEO to research the cost of tape recorder.
VI. Meeting adjourned at 8:30 p.m. The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 22, 2004 in the Meeting Room, Town Hall, Northeast Harbor.
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